Marriage is considered a binding legal contract. Two people obligate themselves as partners, seemingly for life. However, marriage does not last forever—and when one spouse ends it, he still has specific contractual responsibilities to the other.
The law does not allow men or women to just walk away from the union without responsibility for the other’s welfare.
When facing divorce proceedings in PA, whether as the one filing for the divorce or the respondent, one of the most complicated concerns will be the divorce settlement. Divorce can be an expensive procedure, especially the cost of contested divorce in PA—knowing all party’s rights and entitlements beforehand can be useful for handling expectations and minimizing stress. This includes determining who gets the house in a divorce in PA.
What are Matrimonial Assets?
Also referred to as marital assets, matrimonial assets are both spouses’ financial assets during their marriage. That’s different, no non-matrimonial assets. Marital assets include the following:
· Family home
· Pensions
· Savings
· Other real estates
· Cash in the bank
· Vehicles
· Appliances and furniture
· Shocks, mutual funds, bonds
· Businesses
What are Non-Matrimonial Assets?
On the other hand, non-matrimonial assets are considered to be financial assets obtained before or after the marriage. If obtained outside the time of marriage, all of the examples above would be categorized as non-matrimonial assets. Thus, they would be treated differently to marital assets.
What is a Wife Entitled to in a Divorce in PA?
Here are some of the entitlements a wife can get in a divorce:
Fair treatment
The wife is entitled to fair treatment regarding both monetary and non-monetary aspects of the divorce. She must not have to fight for basic rights like:
· having “me time” while her ex-spouse has the kids on a regular schedule
· legal counsel
· defense against abuse, both emotional or physical
· fair communication without argument
· speaking with her kids when they are with their father
· seeing her children
Access to a vehicle
If the wife has had full access to a vehicle during the marriage, the court might let her keep it even without her name on the title. Nonetheless, that doesn’t indicate she might keep it free and clear. If the car has a lien against it, the court might order her to get a loan to cover the balance in her name.
In extenuating situations, the court might order the husband to make the payments. The wife has always owned the specific vehicles and needs them for work or to bring the kids to school, daycare, and doctors. The court might also order the vehicle to stay with the wife, whether jointly owned or only in the husband’s name.
Communication with the children
The wife is also entitled to communication with her kids when with the husband. The husband must give a phone number for her to call and speak with the kids while they’re away. If the spouse blocks the wife’s number or refuses to let the kid speak to her, the court might find the husband in contempt for withholding communication.
Knowledge of the kid’s whereabouts
The wife is also entitled to know where her kids are when outside the home’s normal vicinity. For instance, the ex-spouse lives in the same state and wishes to take them out of state for more than an hour or so. The ex-husband should notify the wife and give her a phone number and address.
What Happens to the Properties After a Divorce?
The properties of both spouses will be split fairly but not always equally between the couple. The basis of that decision will be made under the Equitable Distribution Law. That law will guarantee that the spouses’ marital property will be distributed properly and justifiably.
So, who gets the house? Technically, the court might grant one of the spouses the house, typically the spouse who will have the children’s custody until they’re old enough to choose. Again, there are other important things to consider based on the divorce case.
How About the Debts?
The hot debate is for who gets most of the assets and properties, but no one wishes to take full liability for debts. The courts or the divorce negotiation may include an agreement on who is liable for any debts remaining.
Unless one party co-signed any credit cards or loans, they don’t need to think about being held accountable for their spouse’s uncontrolled spending.
To help with divorce proceedings, you may reach out to an experienced York divorce attorney.